The URL can be used to link to this page

Home My WebLink AboutResolution No. 6468 (Sheep Grazing Open Lands)RESOLUTION NO. 6468 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE SIGNING OF AN AGREEMENT WITH DONALD MILLS FOR THE GRAZING OF SHEEP IN CITY OPEN SPACE LANDS THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RESOLVES as follows: The Mayor and City Clerk are authorized to execute, on behalf of the City of San Rafael, an agreement with DONALD MILLS for the grazing of sheep in City open space lands, a copy of which is attached hereto and incorporated herein by this reference. I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael, California, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City held on the 20th day of December, 1982, by the following vote, to wit: AYES: COUNCIL_MEMBERS: Frugoli, Jensen, Miskimen and Mayor Mulryan NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: Breiner J _ E M. LEONCIN , City Clerk 1 2 T. 0 H --IG NAL rT.i-I rib e»reu`Laid This Agreement By and Between Donald Mills (herein "Mills")and The City of San Rafael (herein "City") on this 20th day of December, 1982. WITNESSETH DVI -T TTT Q WHEREAS, Mills owns thousands of head of sheep and desires grassy lands suitable for grazing. WHEREAS, City,is desirous of seeking methods of trimming grass- lands and hills in certain open -space areas to help reduce fire hazard. NOW, THEREFORE, in consideration of the mutual promises and coven- ants contained herein the parties do hereby agree as follows: 1. Mills shall be allowed to graze one thousand head of sheep plus all lambs born to these sheep on the area delineated on a map attached hereto and incorporated herein by reference as Exhibit A for a period of one year from the date of the agreement, unless extended by mutual consent of the parties hereto. 2. City shall provide water for.Mills' sheep. Should adequate spring water be available, that will be used instead. 3. Mills shall provide water troughs and shall move said troughs as necessary to implement watering for said sheep. 4. Mills shall be allowed to move a temporary trailer or mobile home on the area delineated in Exhibit A near the Mount Marin play area adjacent to the old Lucas Valley Road. Entrance to said temporary facility shall be from Canyon Oak Drive. Said trailer facility shall be allowed sanitation so long as no health or sanitary problems accrue from said sanitary facility. Said temporary trailer shall be located so that it is screened from view from adjacent property and from adjacent roads. Mills shall furnish any temporary power required for said trailer. COF)v I - Agreement page Two 5. Mills shall enclose all sheep within substantial and sufficient fencing or similar apparatus each night during the period of grazing in a location approved by the City Engineer. 6. Mills shall provide at least one sheep -herding attendant to monitor the sheep at all times and additionally shall provide one or more sheep dogs to assist in the monitoring activities. 7. City and a County agricultural authority shall inspect the grazing area set forth in Exhibit A during the grazing activities and shall monitor said area at intervals during the year to determine that grazing is not deleterious to the open space property nor to contiguous private property. 8. City shall investigate all complaints received during the year and shall render an appraisal on the merits of same. 9. During the term of this agreement, the City reserves right to terminate grazing upon fourteen days written notice to Mills when all avenues for solution have been exhausted concerning any of the following occurrences; a. Receipt by City of complaints regarding grazing activities which in the discretion of the City Manager of City are sufficiently grave to warrant cessation of the grazing. b. Determination by City that grazing is or has become harmful to the open space lands because of, but not limited to the following reasons: soil erosion, destruction of grass and plant life, noise, odor, impairment of open space enjoyment, health or sanitary reasons or any other factors constituting a public or private nuisance. C. Evidence indicating violation of the terms of this agreement including brut not limited to unauthorized grazing beyond the area set forth in Exhibit A or failure to contain sheep within said boundaries. d. Legal compulsion resulting from litigation, court order or order of any entity with jurisdiction to order termination of the grazing. Agreement Page Three 10. Mills agrees to assume responsibility or liability for all damages or harm to his sheep and all property attendant to grazing; Mills further assumes responsibility for all liability or claims lodged against him or the City of San Rafael by his agents or employees. 11. Mills agrees to hold harmless and indemnify City from and against all suits, causes of action, claims, damages, liability or other harm lodged, filed, claimed or asserted by any third party or its representative for personal injury or property damage arising directly or indirectly if foreseeable, as a result of the grazing activity. The parties agree specifically to except any existing damage on the property depicted in Exhibit A and to exculpate Mills from responsibility or liability for any claims therefor. 12. Mills further agrees to provide evidence of insurance naming City as a beneficiary or additional insured or which otherwise to the satisfaction of the City Attorney guarantees insurance coverage and indemnification for City. The provisions ana limits of coverage shall be subject to approval of the City Attorney which approval shall not be unreasonably withheld. 13. This agreement is personal to Mills and shall not be assigned nor shall the responsiblities and benefits inure to any successor and interest unless such assignee or successor includes Mills owning 50% or more of successor entity. 14. This agreement is subject to County of Marin approval as to any property covered by this agreement but lying outside City boundaries. WHEREFORE, The Parties Below Have Set Their Hands. ATTEST: E M�L6NA-NI LAWRENCE E. MULRYAN TY CLERK, CITY OF SAN RAFAEL MAYOR OF SAN RAFAEL Approved as to form /��. �_�_ ft'�� CITY ATTORNEY • �R'�•r%; _ aa, 1-" .,� '? vim" i :' •� \ i � " \;i' yw c ✓� - Ic `^•..1, ::,-i :; S,S �Q 4 .{ I -•.::� ,. ..` '{ Ja i= i . , s •,",.."",...Tt /��. SHA ..� • • p � /� .. \y �..✓ � ;J A�1 i i • �• '�,` Vii` ee Cj S �\•�,f� /ice �•� +'.£""'�\ \\ ,. .••� \•• t �q ! ` •'\�\`'�' `1 � Jam• `� t J,• �\ �� _ r,. %ice.. J, •,\ /: `�,� � i� ,i � ;� , _ G - �^ :�` � 1 i v, :J t ) / - '� , i'✓moi ; .''' .... f i f : �� j G ` / I r/. � ' � � ~�\.✓ ! � ' � � . �� ..\ -\.,moi, °� \\\ i _. • /' '' � �I',` , J � L �'. ....� .,\ , w ./ �;. / \....` \-\♦ '%moi% ..- ,/ _ r� GRAZING AREA - f'j= "`'s�':�\\..:..-- :,•_._J:, LOCATION MAP EXHIBIT A �� ' UAL -V A.K1V1 11N J U KA1V l:h 1�V1YlYA1V Y ' SACRAMENTO, CALIFORNIA 95815 CERTIFICATE OF INSURANCE THIS IS TO CERTIFY THAT THE INSURANCE POLICY AS SPECIFIED BELOW HAS BEEN ISSUED BY A CAL -FARM INSURANCE COMPANY TO THE INSURED HEREIN EFFECTIVE AS OF THE DATES AND FOR THE LIMITS AND COVERAGES SPECIFIED BE LOW. THIS CERTIFICATE OF INSURANCE DOES NOT IN ANY WAY AMEND, EX- TEND, ALTER OR VARY THE COVERAGE AFFORDED BY THE POLICY OR POLICIES R EFERRED_ IMPf ��'�V6PS OR SUMMARY OF THE ACTUAL �: INSURANCE CONTRACT. ETICLl 110ED=DEP PUGLIC ';-'ORFS INSURED: • Donald Mills 1655 Hill Road Novato, CA 94947 Ar•,C n Iris A,t Pw'c Fic I : TERR. r_,.,_ r •��'�". `rq. i-�� PUBLIC V10RXS DEPT, CITY OF SAN UAEEL L�n EACH 'i Tr;'fi. Er'; I ' I FL [!a-- C, PzrkStt,t_ 1 SERVICING TERRITORY STATE COUNTY TERR. 1 49 08 DESCRIPTION OF OPERATIONS/ LOCATIONS/VEHICLES G EXPIRATION DATE OF THIS CERTIFICATE IS:when notified CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE SHOWN ABOVE. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL TEN (10) DAYS WRITTEN NOTICE TO THE BELOW NAMED CERTIFICATE HOLDER. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY. THIS CERTIFICATE ISSUED TO: -City of San Rafael Department of Public Works Attn: Tom Orovich P. 0. Box 60 San Rafael, California 94915 CF -853D ®s CAL -FARM INSURANCE COMPANY PQLICY I LIMITS OR LIABILITY :N THOUSANDS (0001 EACH AGGREGATE TYPE OF INSURANCE POLICY NUMBEREFFECIWE DTE ' -- OCCURRENCE GENERAL LIABILITY � ,�•5-' � -.'� BODILY 4UR COMPREHENSIVE FORM File Ref: Q1- a Q . Oa. PREMISES—OPERATIONS PROPERTY DAMAGE $ $ EXPLOSION AND COLLA -SE BODILY INJURY AND HAZARD UNDERGROUND HAZARD PROPERTY DAMAGE $ $ PRODUCTS /COMPLETED COMBINED OPERATIONS HAZARD CONTRACTUAL INSURANCE BROAD FORMPROPERTY PERSONAL INJURY DAMAGE $ INDEPENDENT CONTRACTORS PERSONAL INJURY AUTOMOBILE LIABILITY BODILY INJURY (EACH PERSON) $ OWNED HIRED BODILY INJURY (EACH ACCIDENT) $ NON -OWNED PROPERTY DAMAGE $ I UMBRELLA LIABILITY BODILY INJURY AND COMMERCIAL FARM & RANCH UM��926235 PROPERTY DAMAGE $ 1,000 !� 1000 $ ' PERSONAL 10/1/82 COMBINED FARMERS COMPREHENSIVE BODILY INJURY LIABILITY (EACH PERSON' $ 100 $ ®FAY Fp��926236 10/1/82 INJURY ILACCIDENTf CRMOWNERS (EACH $ 300 PROPERTY DAMAGE $ 50 $ OTHER DESCRIPTION OF OPERATIONS/ LOCATIONS/VEHICLES G EXPIRATION DATE OF THIS CERTIFICATE IS:when notified CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE SHOWN ABOVE. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL TEN (10) DAYS WRITTEN NOTICE TO THE BELOW NAMED CERTIFICATE HOLDER. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY. THIS CERTIFICATE ISSUED TO: -City of San Rafael Department of Public Works Attn: Tom Orovich P. 0. Box 60 San Rafael, California 94915 CF -853D ®s CAL -FARM INSURANCE COMPANY